Issues & Trends 2016 Remediation and Redevelopment Program...

transcript

Issues & Trends 2016

Remediation and Redevelopment Program – WI DNR

Wednesday, Dec. 7, 2016 12:00 p.m. – 1:00 p.m.

Dial: 1-855-947-8255 Passcode: 6612 745#

Hazardous Waste Determinations and

Management Options at Remediation Sites in Wisconsin

Gary Edelstein Wisconsin DNR 608-267-7563

General Overview

I. Background

II. Determining if Contaminated Media is HW

III. Management Options

I Background

Background

• There is a comprehensive guidance document on HW Remediation, RR-705, “Guidance for Hazardous Waste Remediation”, on our Web site.

• The guidance document provides links to many other documents as well as correspondence between WDNR and EPA.

Purpose of the Guidance

• Provide staff, RP’s and others with the information necessary to determine if sites are contaminated with hazardous waste, and if so, the specific requirements that apply.

• To result in the best environmental outcome at the most reasonable costs while complying with the applicable HW requirements.

Background

• The guidance confirms that the NR 700 series can be used for HW related cleanups including:

1. Site Investigations,

2. Evaluating and Selecting Remedies,

3. Establishing Soil Cleanup Standards,

4. Use of soil performance standards including

engineering or institutional controls,

5. Natural attenuation, and

6. Site Closure. 7

II Determining if

Contaminated Media is HW

Hazardous Waste Determinations

• State and Federal rules require the generator of a solid waste to determine if the waste is a HW.

• There are 2 major ways contaminated media can be defined as HW:

1. The media contains a listed HW,

2. The media exhibits a hazardous characteristic. 9

“Contained-out” Determinations

• Media contaminated with listed HW that meets the industrial site specific, health based, direct contact numbers could be determined to no longer “contain” a HW.

• If the media does not exhibit a HW characteristic, then it would no longer be defined as a HW.

• This is called a “contained-out” determination.

“Contained-out” Determinations (con’t)

• Media can be treated ex-situ on-site in an exempt unit or a unit approved under a variance to meet the contained out values and then managed as a non-hazardous solid waste. These management options are described later.

“Contained-out” Determinations (con’t)

• Normally, the contained-out value for soil that is to be managed at a licensed in-state engineered landfill or possibly on-site under NR 718 is the industrial RCL for the contaminants that are the basis for listing. There is separate guidance fact sheets for these values.

• The contained-out value for groundwater is the ES. 12

HW Determinations (cont.)

• Waste and contained out determinations should be made early in the process, normally at the Site Investigation stage, unless treatment is needed to meet contained out numbers – then likely at the RAOR stage.

• Generators are responsible for making these determinations; WDNR can’t make them.

HW Determinations (cont.)

• This is important because the regulatory status of the media and the selected remedial action can significantly affect the cost and timing of a project.

Good Faith Waste Determinations

• Generators need to make a good faith effort to determine the source of contamination.

• Optional form available as guidance.

• If after a good faith evaluation, the evidence on the source of the contamination is either unavailable or inconclusive, it should be assumed the media is not a listed HW.

Example No. 1

Background

• Vacant shopping center with PCE found in both soil and groundwater.

• The proposed developer evaluates potential sources including a former dry cleaner, but a specific source is not found.

• Without a documented source, they can conclude the media doesn’t contain listed HW.

Example No. 1 (cont.)

• If a source area is found adjacent to the former dry cleaner or if documentation exists on the cause of the release, then the media may be a HW. It depends on:

1. When the release occurred,

2. Product spill vs. waste release, and

3. Selected option for management of the

contaminated media. 17

Example No. 2

• A Company discovers foundry waste fill in an area of a proposed plant expansion.

• Material does not meet the definition of a listed HW

• Disposal took place in the 1970’s, and therefore it’s unknown if the material would not have been a characteristic HW at the time of disposal.

• Since the volume of waste is relatively small, the Company chooses to excavate the material and ship it off site for management.

• If the waste does not exhibit a HW characteristic at the time of excavation then it can be managed as a solid waste.

• If it does exhibit a HW characteristic, then it would require management as a HW.

Example No. 3

• A developer determines that contamination at a former manufacturing facility is due to release of spent TCE.

• Release occurred prior to 1980.

• Installation/operation of an SVE system is not HW treatment because the media is not considered HW if managed in-situ.

• If an ex-situ remedy is planned, evaluate whether a contained-out determination can be made.

• If yes as found or after treatment, the media can be managed as a solid waste.

• If no, then the media must be managed as a hazardous waste.

Management Options

Management Options for Media Defined as Hazardous

• In general, the treatment, storage or disposal of media requires a HW license, variance or an exemption from the rules.

• In the early 1990’s WDNR determined that issuing a HW operating license for cleanup projects was not practical.

• Numerous other alternatives are available. 23

Management Options (cont.)

• Exemptions by Rule: 1. Wastewater treatment units, 2. Publicly Owned Treatment Works (POTW’s), 3. Reinjection of contaminated

groundwater, or 4. Treatment in waste accumulation tanks

or containers.

Treatment in Accumulation Tanks and Containers

• NR 630.04(18) provides an exemption from licensing for generators that treat HW (including media) in containers and tanks.

• Need to follow the appropriate technical standards.

• Example 25

Example

• Company discovers soil contaminated with lead that would fail TCLP.

• They estimate the volume to be approximately 30 cubic yards.

• They decide to treat the soil in roll-off containers with lime.

• A HW license or variance is not necessary if the container standards are met.

Example of how a Generator 90-Day Unit may beUsed at a Corrective Action Site

Before Remedial

Activities

Resolution Using a

Generator 90-Day

CONTAMINATED

OFF-SITEDISPOSAL

CONTAMINATED

PRODUCTIONBUILDING

SWMU 1

SWMU 2

SWMU 3

SWMU 1

SWMU 2

SWMU 3

GENERATOR

90-DAY UNIT

(TREATMENT)

Other Management Options

• HW Variances

• Area of Contamination (AOC)

• Corrective Action Management Units (CAMU’s)

HW Variances

• Variances can waive the requirement to obtain a HW operating license.

• Similar in nature to a remedial action plan under NR 700. Prepare in accordance with that rule.

• Proposed variances must be sent to EPA for review and require public participation.

HW Variances (con’t)

• Variances typically require a public comment period before a final decision is made.

• The RP is responsible for issuing the notice.

• DNR can provide assistance with the content of the public notice.

• Following the 30 day comment period, DNR responds to the comments and issues the final decision.

Area of Contamination (AOC) Policy

• Since AOC’s are considered land based units, consolidation or in-situ treatment does not result in a new point of HW generation.

• Ex-situ treatment or off-site disposal is not covered by the AOC policy.

AOC Policy (cont.)

• The AOC policy typically works best for situations where the contaminants are a direct contact concern.

• DNR project managers can use their judgment on a site-specific basis when designating an AOC.

• Example 32

Example of how an AOC may beused at a Corrective Action Site

Before Remedial

Activities

The Resolution

Using an AOC

PRODUCTIONBUILDING

PRODUCTION

BUILDING

ENGINEERED

Corrective Action Management Units (CAMU’s)

• CAMU’s allow remediation waste to be disposed of provided certain design and treatments standards are met.

• If treatment is the desired management approach, use an exempt unit or HW variance rather than a CAMU.

• If final disposal of hazardous remediation waste is needed, the best option is typically designation of a CAMU.

Corrective Action Management Units (CAMU’s) (con’t)

• Explanation of the EPA diagram on the previous slide: The contaminated env. media generation areas (solid water management units or SWMUs) are discrete and different – aren’t in the same area like an AOC. The media is managed in different ways – some treated first (B), and then disposed of in a lined unit (C and D into A).

WDNR Review Functions, Fees and Roles

HW Review

Type of

Submittal

Fee WDNR Role

Determination

and/or Initial

Contained Out

Determination

Stand Alone

In Site

Investigation

Report

In Remedial

Action

Options

Report

Provide assistance with

understanding the process for

making the determination(s) and

ensuring the process is correct.

Issue a written review and /or

approval.

The generator is responsible for

these determinations; WDNR

doesn’t perform them; an approval

doesn’t mean WDNR has

performed the determinations. 37

WDNR Review Functions, Fees and Roles (Con’t)

Remediation

Variance

Application and

Renewals

Stand Alone NR 670

Appx. II

Tanks,

Piles,

Misc. -

Combusti

on units,

disposal

units -

Review and issue variance.

Send copy of the variance application

to EPA for review and comment.

Note: Applicant must publish a public

notice and submit a copy of the

notice as part of the hazardous waste

variance application. Public

comments are sent to WDNR.

WDNR Review Functions, Fees and Roles (Con’t)

Overall Remedy

Implementation

Plan accounting

for HW

Requirements

Remedial

Action

Options

Report

Design

Report

Provide technical assistance

Issue a written review and /or

approval.

Summary

• Guidance now exists to help determine when contaminated media may be defined as hazardous waste.

• Numerous options are available for managing hazardous remediation waste.

• Good decisions about remedy selection should drive cleanups.

Additional Resource

A more detailed presentation on this topic is available in the RR Program Training Library at dnr.wi.gov/topic/Brownfields/TrainingLibrary.html.

It’s the last presentation item near the bottom of the page. It’s dated 3/6/14 and titled Applicability of the Hazardous Waste Rules to Cleanups).

Questions?

Issues & Trends 2017

Audio and information from today’s presentation and future Issues & Trends Series events can be found on the RR Program Training Webpage at:

Http://dnr.wi.gov/topic/Brownfields/Training.html

Questions/Comments/Suggestions regarding the Issues & Trends Series can be submitted to:

DNRRRComments@wisconsin.gov

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